BB 01-09-19

Official Publication of the State Bar of New Mexico

January 9, 2019 • Volume 58, No. 1

Inside This Issue Notices .................................................................. 4 Announcements of Judicial Applicants............ 4 New Mexico Court of Appeals Bernalillo County Metropolitan Court First Judicial District Court: Investiture Ceremony for Hon. Maria Sanchez-Gagne............................... 4 Sixth Judicial District Court: Announcement of Vacancy................................ 4 2019 Licensing Certifications and Fees Due by Feb. 1........................................................ 5 Solo and Small Firm Section: January Speaker is Nancy Hollander................ 5 Albuquerque Lawyers Club: January Lunch Meeting...................................... 5 Gene Franchini High School Mock Trial Competition: Judges Needed for the Qualifier Rounds.................................................. 5 Board of Bar Commissioners: Dec. 13, 2018, Meeting Summary..................... 6

Like a Wildflower She Bloomed, by Taylor Farinelli (see page 3)

www.traynephotography.com

Modrall Sperling is Pleased to Announce Our Newest Shareholder.

Elizabeth Martinez Shareholder Betsy is a member of the firm’s Litigation Department. Her practice focuses on complex briefing and appeals in a wide variety of areas, including malpractice and other torts, contracts, statutory interpretation, and employment law. She has been named a Southwest Rising Star by Southwest Super LawyersŽ since 2016.

Prior to joining Modrall Sperling, Betsy clerked for the Honorable Raymond M. Kethledge on the U.S. Court of Appeals for the Sixth Circuit and taught undergraduate writing courses at the University of Michigan. She earned her J.D. from the University of Michigan Law School and her A.B. in English, magna cum laude, from Harvard University.

Problem Solving. Game Changing.

www.modrall.com Albuquerque

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Bar Bulletin - January 9, 2019 - Volume 58, No. 1

Santa Fe

Table of Contents Notices .................................................................................................................................................................4 Calendar of Continuing Legal Education..................................................................................................8 Court of Appeals Opinions List.................................................................................................................. 10 Rule Making Activity..................................................................................................................................... 12 Advertising....................................................................................................................................................... 17

Officers, Board of Bar Commissioners Gerald G. Dixon, President Ernestina R. Cruz, President-elect Carla C. Martinez, Secretary Treasurer Wesley O. Pool, Immediate Past President Board of Editors Gabrielle Dorian, Chair Curtis G. Hayes Anne E. Minard Andrew Sefzik Nancy Vincent

Taylor V. Bui C. James Kalm Matthew Ramirez Michael Sievers Carolyn A. Wolf

Meetings

Workshops and Legal Clinics

January

January

11 Prosecutors Section Board Noon, State Bar Center

11 Civil Legal Clinic 10 a.m.–1 p.m., Bernalillo County Metropolitan Court, Albuquerque, 505-841-9817

14 Solo and Small Firm Section Board 11 a.m., State Bar Center

State Bar Staff Executive Director Richard Spinello Director of Communications Evann Kleinschmidt 505-797-6087 • notices@nmbar.org Graphic Designer Julie Schwartz jschwartz@nmbar.org Account Executive Marcia C. Ulibarri 505-797-6058 • mulibarri@nmbar.org Communications Assistant Jaime Hernandez 505-797-6040 • jhernandez@nmbar.org Digital Print Center Manager Brian Sanchez Assistant Michael Rizzo

15 Real Property, Trust and Estate Section Board Noon, teleconference

©2019, State Bar of New Mexico. No part of this publication may be reprinted or otherwise reproduced without the publisher’s written permission. The Bar Bulletin has the authority to edit letters and materials submitted for publication. Publishing and editorial decisions are based on the quality of writing, the timeliness of the article, and the potential interest to readers. Appearance of an article, editorial, feature, column, advertisement or photograph in the Bar Bulletin does not constitute an endorsement by the Bar Bulletin or the State Bar of New Mexico. The views expressed are those of the authors, who are solely responsible for the accuracy of their citations and quotations. State Bar members receive the Bar Bulletin as part of their annual dues. The Bar Bulletin is available at the subscription rate of $125 per year and is available online at www.nmbar.org.

22 Intellectual Property Law Section Board Noon, Lewis Roca Rothgerber Christie LLP

The Bar Bulletin (ISSN 1062-6611) is published every other week by the State Bar of New Mexico, 5121 Masthead NE, Albuquerque, NM 87109-4367. Periodicals postage paid at Albuquerque, NM. Postmaster: Send address changes to Bar Bulletin, PO Box 92860, Albuquerque, NM 87199-2860.

505-797-6000 • 800-876-6227 • Fax: 505-828-3765 address@nmbar.org • www.nmbar.org

January 1, 2019 • Vol. 58, No. 1

15 Senior Lawyers Division 4 p.m., State Bar Center

6 Divorce Options Workshop 6–8 p.m., State Bar Center, Albuquerque, 505-797-6022

18 Indian Law Section Board Noon, State Bar Center

25 Criminal Law Section Board Noon, Law Offices of Jonathan Hill 25 Immigration Law Section Board Noon, teleconference

23 Consumer Debt/Bankruptcy Workshop 6–9 p.m., State Bar Center, Albuquerque, 505-797-6094

February

18 Family Law Section Board 9 a.m., teleconference

23 Natural Resources, Energy and Environmental Section Noon, teleconference

16 Family Law Clinic 10 a.m.–1 p.m., Second Judicial District Court, Albuquerque, 1-877-266-9861

6 Civil Legal Clinic 10 a.m.–1 p.m., Second Judicial District Court, Albuquerque, 1-877-266-9861 8 Civil Legal Clinic 10 a.m.–1 p.m., Bernalillo County Metropolitan Court, Albuquerque, 505841-9817 20 Family Law Clinic 10 a.m.–1 p.m., Second Judicial District Court, Albuquerque, 1-877-266-9861

About Cover Image and Artist: Taylor Farinelli is an aspiring photographer in Albuquerque. She fell in love with freezing time and capturing memories and her love for photography continues to grow with each shot she gets. Although she focuses on portraits and live subjects, Farinelli will occasionally take her camera on a nature stroll to capture the beauty of the world. Never one to miss a photo opportunity, she can be found laying in the rocks or water or somewhere in the mountains. For more of her photography, visit www.traynephotography.com.

Bar Bulletin - January 9, 2019 - Volume 58, No. 1

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Notices Court News

New Mexico Supreme Court

Professionalism Tip

With respect to parties, lawyers, jurors, and witnesses:

Notice of Revised Alimony Guideline Worksheet

The Supreme Court has approved the recommendation of the Domestic Relations Rules Committee and its Statewide Alimony Guidelines Subcommittee to revise the Alimony Guideline Worksheet for use beginning Jan. 1, in light of upcoming changes to the federal tax law treatment of alimony payments under the Tax Cut and Jobs Act of 2017. The Court’s Order, revised Alimony Guideline Worksheet and report of the Statewide Alimony Guidelines Subcommittee are available on the Court’s website at https://nmcourts.gov/.

New Mexico Court of Appeals Applicant Announcement

Ten applications have been received in the Judicial Selection Office as of 5 p.m., Dec.18, 2018, for the one vacancy on the New Mexico Court of Appeals, which exists as of Jan. 1 to fill the seat of Judge Michael Vigil. The New Mexico Court of Appeals Judicial Nominating Commission will meet on Jan. 11 to interview applicants for the position at the Supreme Court Building, 237 Don Gaspar Avenue in Santa Fe. The Commission meeting is open to the public. Those wishing to make public comment are requested to be present at the opening of the meeting. The names of the applicants in alphabetical order are: James Waylon Counts Zachary Arthur Ives Martha Anne Kelley Kerry Christopher Kiernan James P. Lyle Arthur William Pepin Charles Rennick William Daniel Slease Roscoe Augustus Woods Jane Bloom Yohalem

First Judicial District Court Judicial Investiture Ceremony

The First Judicial District Court invites the legal community to the investiture ceremony for the Hon. Maria Sanchez-Gagne, District Judge, Division II at 4:30 p.m on Jan. 11 at the First Judicial District Court, Steve Herrera Judicial Complex 225, Montezuma Ave., Santa Fe. A reception will immediately follow at the La Fonda Hotel La Terraza Garden & Terrace.

4

I will make all reasonable efforts to decide cases promptly.

Second Judicial District Court Notice to Attorneys

Effective immediately all proposed orders, etc. for e-filing in civil cases previously assigned to Retired Judge Alan Malott, Division XV need to be emailed to albddiv19proposedtxt@nmcourts.gov instead of albddiv15proposedtxt@nmcourts. gov because Judge Benjamin Chavez, Division XIX has transferred from criminal bench to the civil bench and is assigned cases previously assigned to Judge Alan Malott, Division XV.

Notice to Attorneys and Public

The Second Judicial District Court Children's Court Abuse and Neglect Brown Bag will be held at noon on Jan. 19, in the Chama Conference Room at the Juvenile Justice Center, 5100 2nd Street NW, Albuquerque. Attorneys and practitioners working with families involved in child protective custody are welcome to attend.

Call 505-841-7644 for more information.

Sixth Judicial District Court Announcement of Vacancy

A vacancy on the Sixth Judicial District Court exists as of Jan. 2 due to the retirement of the Hon. Judge J.C. Robinson effective Jan. 1. Inquiries regarding the details or assignment of this judicial vacancy should be directed to the administrator of the Court. Sergio Pareja, chair of the Sixth Judicial District Court Judicial Nominating Commission, invites applications for this position from lawyers who meet the statutory qualifications in Article VI, Section 28 of the New Mexico Constitution. Applications may be obtained from the Judicial Selection website: http://lawschool.unm.edu/judsel/ application.php, or emailed to applicants by contacting the Judicial Selection Office at 505-277-4700. The deadline for applications has been set for Jan. 15 at 5 p.m.

Applications received after that time will not be considered. Applicants seeking information regarding election or retention if appointed should contact the Bureau of Elections in the Office of the Secretary of State. The Sixth Judicial District Court Judicial Nominating Commission will

Bar Bulletin - January 9, 2019 - Volume 58, No. 1

convene on Jan. 29 at 9 a.m. at the Grant County Courthouse 201 N. Cooper Street, Main Courtroom, second floor, Silver City.

The Commission meeting is open to the public and anyone who wishes to be heard about any of the candidates will have an opportunity to be heard.

Tenth Judicial District Court Destruction of Exhibits

Exhibits in criminal cases for years 2005-2015 may be retrieved on Jan. 25. For more information contact Tenth Judicial District Court of County of Quay at 575461-2764.

Bernalillo County Metropolitan Court

Applicant Announcement

Twenty-nine applications were received in the Judicial Selection Office as of 5 p.m., Dec. 13, for the three Judicial Vacancies on the Bernalillo County Metropolitan Court.

The Bernalillo County Metropolitan Court Judicial Nominating Commission will meet beginning at 9 a.m. on Jan. 18 at the Metropolitan Courthouse, located at 401 Lomas NE, Albuquerque, to evaluate the applicants for this position. The Commission meeting is open to the public. Those wishing to make public comment are requested to be present at the opening of the meeting.The names of the applicants in alphabetical order are: Anthony A. Apodaca Jr. Cynthia Marie Armijo Edward L. Benavidez Felicia R. Blea-Rivera Kevin de Rijk Steven Gary Diamond Bruce Crawford Fox Rodney Lawrence Gabaldon Rose Mary Garcia Andrea Inez Gunderson Veronica Lee Hill Jason Matthew Jaramillo Ellen Dorothy Lloyd Anthony Wade Long Brittany Maldonado Malott Mari Luz Martinez Bridget Lee McKenney Kenny Montoya Christopher Moore

David Allen Murphy Rebecca Obenshain O’Gawa Carlos Francisco Pacheco Joseph Repito Sanchez Joshua Jamison Sanchez Courtney Ann Schumacher Matthias Woods Swonger Brigitte (B.C.) Thomas Kelly Villanueva George Bond Yu

• Mar. 18, 5:30 p.m.

UNM School of Law, 1117 Stanford NE, Albuquerque, King Room in the Law Library (Group meets the third Monday of the month.) Teleconference participation is available. Dial 1-866640-4044 and enter code 7976003#.

For more information, contact Latisha Frederick at 505-948-5023 or 505-4539030 or Bill Stratvert at 505-242-6845.

State Bar News

Solo and Small Firm Section

2019 Licensing Certifications and Fees Due by Feb. 1

2019 State Bar licensing requirements are now due. To avoid late fees, submit by Feb. 1, 2019. In order to complete annual licensing requirements and pay by credit card, visit www.nmbar.org/licenserenewal.

Email license@nmbar.org to request a PDF copy of the license renewal form. For questions, email license@nmbar.org. For technical support, email clopez@nmbar. org.

Minimum Continuing Legal Education Deadline to Report Credits

CLE credits taken in 2018 must be reported to Minimum Continuing Legal Education by Jan. 31. If you took an MCLE approved course, the course provider will report and pay for your credits for you.

Please note that, due to a high volume of CLE credit reporting, there is a several week delay in CLE credits appearing in attorney on-line MCLE transcripts. Please be assured that all CLE credits taken in 2018 will be applied to your 2018 record.

New Mexico Judges and Lawyers Assistance Program Attorney Support Groups

• Jan. 14, 5:30 p.m.

UNM School of Law, 1117 Stanford NE, Albuquerque, King Room in the Law Library (Group meets on the second Monday of the month.) Teleconference participation is available. Dial 1-866640-4044 and enter code 7976003#.

• Feb. 4, 5:30 p.m.

UNM School of Law, 1117 Stanford NE, Albuquerque, King Room in the Law Library (The group normally meets the first Monday of the month.)

SSF Roundtable in Las Cruces

The Solo and Small Firm Section invites Las Cruces area members to connect with other local attorneys to discuss their practice and learn from peers on practice management topics from technology to succession planning. Guests do not need to be a Section member to attend. Please join the section at 4:30 p.m., Jan. 11, 2019, at a location that will be announced soon.

Following the Roundtable, there will be a mixer beginning at 5:30 p.m. R.S.V.P. and send questions to Deian McBryde at deian@mcbrydelaw.com or 505-465-9086.

Thank you to the the Benjamin Law Firm and www.brockmorganbenjamin.com for their sponsorship of the event in Las Cruces.

January Speaker Series Features Nancy Hollander

Nancy Hollander, one of the nation's top criminal defense attorneys, returns to speak on "Constitutional Rights under the New Presidential Administration." In previous presentations at Section luncheons, Hollander addressed this topic for the Bush and Obama administrations. She will offer her superb insights and moderate a vigorous discussion among all attendees.

All members of the State Bar are welcome to attend and enjoy the hosted lunch at noon on Jan. 14, at the State Bar Center, simply by contacting Breanna Henley at bhenley@nmbar.org.

UNM School of Law Law Library Hours

Building and Circulation Monday–Thursday 8 a.m.–8 p.m.

Friday 8 a.m.–6 p.m.

Saturday 10 a.m.–6 p.m.

Sunday noon–6 p.m.

Reference Monday–Friday 9 a.m.–6 p.m.

Saturday & Sunday No reference

Other Bars

Albuquerque Lawyers Club Monthly Lunch Meeting

The Albuquerque Lawyers Club invites members of the legal community to a meet and greet lunch meeting, featuring the new members of the New Mexico Court of Appeals. Judge Miles Hanisee will introduce Judges Kristina Bogardus, Megan Duffy, Jacqueline R. Medina and Briana H. Zamora. The lunch meeting will be held at noon, Jan. 9, at Seasons Rotisserie and Grill, 2031 Mountain Road, NW, Albuquerque. The cost free to members and $30 for non-members. For more information, email ydennig@Sandia.gov.

Other News

Gene Franchini High School Mock Trial Competition

Judges Needed for the Qualifier Rounds

The Gene Franchini New Mexico High School Mock Trial Competition needs judges for the qualifier rounds. The qualifier competition will be held Feb. 8-9, 2019.

It will be hosted by the Bernalillo County Metropolitan Court. Mock trial is an innovative, hands‐on experience in the law for high school students of all ages and abilities. Sign up at http://www.civicvalues. org/index.php by Jan. 20. If you have any questions, contact Kristen at the Center for Civic Values at 764‐9417 or Kristen@ civicvalues.org.

Bar Bulletin - January 9, 2019 - Volume 58, No. 1

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Board of Bar Commissioners Meeting Summary The Board of Bar Commissioners met at the New Mexico Supreme Court in Santa Fe on Dec. 13, 2018. Action taken at the meeting follows: • A pproved the Oct. 12, 2018, meeting minutes as submitted; • Accepted the October 2018 financials for the State Bar and the New Mexico State Bar Foundation; • Approved revisions to the financial policies for the State Bar and New Mexico State Bar Foundation; • Reported that 30 days’ notice was provided for the 2019 Budget Disclosure and no challenges were received; • Received a contribution/donation request for a court video project and approved $3,500 for the project from the Board’s outreach line item and donations made to the Judge Elizabeth Whitefield Memorial Fund; • Approved a resolution for a credit card for the new Judges and Lawyers Assistance Program Director; • Approved a resolution to update the signers on all State Bar and New Mexico State Bar Foundation bank accounts; • Reviewed third quarter financials for the Client Protection Fund, Access to Justice Fund and the Judges and Lawyers Assistance Program as well as the 2019 JLAP Budget; • Received a dues and licensing report; • Approved a carryover request from the Appellate Practice Section; • Received the Bar Bulletin transition timeline and a presentation on the

online publication and its new features; • Received a report from the Executive Committee; • Received a report from the Secure Online Public Access Committee; • Received an update on the Appellate Practice Section; • Held an executive session and received a report from the executive director evaluation and compensation committee; • Appointed Erin Anderson and John M. Caraway to the Client Protection Fund Commission for three-year terms; • Appointed Kenneth (Kip) Bobroff to the Access to Justice Commission for a three-year term; • Appointed Parker B. Folse to the vacancy on the Board of Bar Commissioners in the Sixth Bar Commissioner District; • Appointed liaisons to the Supreme Court Boards, Committees and Commissions for 2019; • Received petitions of continuance from the Committee on Diversity in the Legal Profession, the Bankruptcy Law Section, the Employment and Labor Law Section, the Family Law Section, and the Tax Section and approved continuing all of them; • Discussed Board representation on the ATJ Commission; • Received an update on the Supreme Court’s Innovation Team and the LLLT Task Force;

• Received the 2019 Board meeting schedule as follows: Feb. 22, May 17, Aug. 1, Oct. 4, and Dec. 11; • Appointed the 2019 Internal Committees of the Board; • Received a report on the Executive Committee and Senior Staff Retreat; • Reported that the CLE Trip will be a five-day trip to Cuba in November 2019 and details regarding that will be forthcoming; • Received the Legal Specialization Order withdrawing the rules of legal specialization, permitting the State Bar to assist in the wind down of the current program and amending Rule 16-704 NMRA to permit the State Bar of New Mexico to administer a legal specialization program, if established by the Board; • Reported on the recent decision of the U.S. Supreme Court Fleck case; • Presented awards to commissioners whose terms expired this year, including Sean M. FitzPatrick, the Young Lawyers Division Chair; Christina G. Babcock, the Paralegal Division Liaison; and Scotty A. Holloman from the Sixth Bar Commissioner District; also presented President Wesley O. Pool with a gift for his service as president this year.

Note: The minutes in their entirety will be available on the State Bar’s website following approval by the Board at the Feb. 22 meeting.

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Bar Bulletin - January 9, 2019 - Volume 58, No. 1

N E W F E AT U R E

Read the Bar Bulletin online with

• Beautiful layout • Keyword search • Get notification of new issues • Access from your mobile phone

www.nmbar.org/barbulletin issuu.com/nmbar To read on your phone, search for Issuu in your mobile device’s app store. Download the app and search for the State Bar of New Mexico. Follow us as a publisher and receive instant notification when the next issue is available!

Prefer to read electronically?

Subscribe to the e-version by emailing pzimmer@nmbar.org.

Bar Bulletin - January 9, 2019 - Volume 58, No. 1

7

Legal Education January 11

2019 Uniform Commercial Code/Commercial Law Update

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org

18

What Drug Dealers and Celebrities Teach Lawyers about Professional Responsibility (2018))

3.0 EP

Live Replay, Albuquerque

Center for Legal Education of NMSBF www.nmbar.org

25

11

18 Criminal Rules Hot Topics (2018)

2.5 G, 0.5 EP

Live Replay, Albuquerque

Center for Legal Education of NMSBF www.nmbar.org

25

2019 Legislative Preview with Richard (Dick) Minzner

2.0 G

Webcast/Live Seminar, Albuquerque

Center for Legal Education of NMSBF www.nmbar.org 11

Basics of Trust Accounting: How to Comply with Disciplinary Board Rule 17-204

1.0 EP

Webcast/Live Seminar, Albuquerque

Center for Legal Education of NMSBF www.nmbar.org 16

2019 Americans with Disabilities Act Update

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org 18

Ethical Issues When Representing the Elderly

1.0 EP Teleseminar

Center for Legal Education of NMSBF www.nmbar.org

18

2019 Legislative Preview with Richard (Dick) Minzner

2.0 G

Live Replay, Albuquerque

Center for Legal Education of NMSBF www.nmbar.org 21

Ownership of Ideas Created on the Job

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org 24

Risky Tenants: Drafting Issues for Landlords

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org 25 2018 Business Law Institute

5.0 G, 1.0 EP

Live Replay, Albuquerque

Center for Legal Education of NMSBF www.nmbar.org

18

Pretrial Practice in Federal Court (2018)

2.5 G, 0.5 EP

Live Replay, Albuquerque

Center for Legal Education of NMSBF www.nmbar.org

8

Bar Bulletin - January 9, 2019 - Volume 58, No. 1

The Fear Factor: How Good Lawyers Get Into Ethical Trouble (2018)

5.0 G, 1.0 EP

Live Replay, Albuquerque

Center for Legal Education of NMSBF www.nmbar.org Taking the Mystery Out of Conservator and Probate Bonds

1.0 G

Webcast/Live Seminar, Albuquerque

Center for Legal Education of NMSBF www.nmbar.org 30

Exit Strategies: Selling Companies to Employees, Part 1

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org 31

Exit Strategies: Selling Companies to Employees, Part 2

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org

Legal Education

www.nmbar.org

February 2019 1

Drafting Legal Holds in Civil Litigation

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org

12

5

20

How to Fix a Broken Trust: Decanting, Reformation & Other Tools

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org 7 2019 Ethics Update, Part 1

1.0 EP Teleseminar

Center for Legal Education of NMSBF www.nmbar.org 8 2019 Ethics Update, Part 2

1.0 EP Teleseminar

Center for Legal Education of NMSBF www.nmbar.org

Drafting Guarantees in Real Estate Transactions

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org Drafting Settlement Agreements in Civil Litigation

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org

22

Basics of Trust Accounting: How to Comply with Disciplinary Board Rule 17-204

1.0 EP

Webcast/Live Seminar, Albuquerque

Center for Legal Education of NMSBF www.nmbar.org 22 Estate Planning for Digital Assests

1.0 G Teleseminar

Center for Legal Education of NMSBF www.nmbar.org

22 Lawyer Ethics and Texting

1.0 EP Teleseminar

Center for Legal Education of NMSBF www.nmbar.org 22

Regional Seminar: Voir Dire 20.0 G Live Seminar, Santa Fe Trial Lawyer College

10-15 CLE by the Sea in Honolulu, Hawaii

4.0 G, 8.0 EP

Live Seminar

Alaska Bar Association alaskabar.org/cle-mcle/cle-by-thesea/

Listings in the Bar Bulletin Legal Education Calendar are derived from course provider submissions and from New Mexico Minimum Continuing Legal Education.

All MCLE approved continuing legal education courses can be listed free of charge. Send submissions to notices@nmbar.org. Include course title, credits, location/ course type, course provider and registration instructions.

Bar Bulletin - January 9, 2019 - Volume 58, No. 1 9

Opinions

As Updated by the Clerk of the New Mexico Court of Appeals Mark Reynolds, Chief Clerk New Mexico Court of Appeals PO Box 2008 • Santa Fe, NM 87504-2008 • 505-827-4925

Effective December 21, 2018 PUBLISHED OPINIONS A-1-CA-36402

M Rodriguez v. Ford Motor

Affirm

12/20/2018

A-1-CA-34744

Lasen v. B Tadjikov

Affirm/Reverse

12/21/2018

A-1-CA-33761

State v. R Chavez

Affirm

12/17/2018

A-1-CA-35475

J Monroe v. G Falllick

Affirm

12/17/2018

A-1-CA-36115

Saylor Family v. Bern Co Valuation

Affirm

12/17/2018

A-1-CA-35511

State v. C Anderson

Affirm

12/18/2018

A-1-CA-35538

R Stuckey v. T Lamprell

Affirm/Remand

12/18/2018

A-1-CA-35401

State v. R Palma

Affirm

12/19/2018

A-1-CA-34670

State v. J Chavez

Affirm/Remand

12/20/2018

A-1-CA-36893

State v. S Huls

Affirm

12/20/2018

A-1-CA-36994

CYFD v. Edward A

Reverse/Remand

12/20/2018

A-1-CA-37104

R Orozco v. City of Belen

Affirm

12/20/2018

A-1-CA-35910

G. Rodriguez v. Ford Motor Company

Affirm

12/21/2018

A-1-CA-36442

A Chavez v. Bridgestone Tire

Affirm

12/21/2018

UNPUBLISHED OPINIONS

Slip Opinions for Published Opinions may be read on the Court’s website: http://coa.nmcourts.gov/documents/index.htm 10

Bar Bulletin - January 9, 2019 - Volume 58, No. 1

Opinions Effective December 28, 2018 PUBLISHED OPINIONS A-1-CA-35800

M Cummings v. Board of Regents

Reverse

12/28/2018

A-1-CA-35816

C Hopkins v. A Wollaber

Affirm/Remand

12/28/2018

A-1-CA-36014

LSF9 Master Part. Trust v. J Sanchez

Reverse/Remand

12/28/2018

A-1-CA-33798

State v. C Fox

Affirm/Vacate/Remand

12/26/2018

A-1-CA-34667

State v. A Navarro-Calzadillas

Affirm

12/26/2018

A-1-CA-35726

State v. J Ruiz

Affirm

12/26/2018

A-1-CA-34758

State v. R Jaramillo

Affirm/Remand

12/28/2018

A-1-CA-35114

State v. T Dolphus

Affirm

12/28/2018

A-1-CA-36843

“State v. A Perez“

Affirm

12/28/2018

A-1-CA-37323

State v. J Rendon

Affirm

12/28/2018

A-1-CA-37435

USA v. V Otero

Affirm

12/28/2018

UNPUBLISHED OPINIONS

Bar Bulletin - January 9, 2019 - Volume 58, No. 1 11

Recent Rule-Making Activity As Updated by the Clerk of the New Mexico Supreme Court Joey D. Moya, Chief Clerk New Mexico Supreme Court PO Box 848 • Santa Fe, NM 87504-0848 • (505) 827-4860 Effective Jan. 9, 2019

Pending Proposed Rule Changes Open for Comment: There are no proposed rule changes open for comment.

Recently Approved Rule Changes Since Release of 2018 NMRA: Effective Date Rules of Civil Procedure for the District Courts

1B-306 Explanation of forms and how to complete; specific steps (will) 12/31/2018 1B-401 Notice; filing required

12/31/2018

1B-501 Inventories and accountings

12/31/2018

1B-601 Closing probate; verified statement

12/31/2018

1B-602 Compensation

12/31/2018

1B-701 Transfer from probate court to district court 12/31/2018 Rules of Civil Procedure for the Magistrate Courts

1-003.2 Commencement of action; guardianship and conservatorship information sheet 07/01/2018

2-102 Conduct of court proceedings

12/31/2018

2-114 Courtroom closure

12/31/2018

1-047 Jurors

2-202 Summons

12/31/2018

1-079 Public inspection and sealing of court records 07/01/2018

2-603 Jurors

12/31/2018

1-079.1 Public inspection and sealing of court records; guardianship and conservatorship proceedings 07/01/2018

3-102 Conduct of court proceedings

12/31/2018

3-603 Jurors

12/31/2018

12/31/2018

1-088.1 Peremptory excusal of a district judge; recusal; procedure for Exercising 03/01/2018 1-104 Courtroom closure

07/01/2018

1-140 Guardianship and conservatorship proceedings; mandatory use forms 07/01/2018 1-141 Guardianship and conservatorship proceedings; determination of persons entitled to notice of proceedings or access to court records 07/01/2018

Rules of Civil Procedure for the Metropolitan Courts

Civil Forms 4-602D Juror questionnaire privacy and destruction certification 12/31/2018 4-950 Tribal court order for initial involuntary commitment of an adult for mental health evaluation and treatment not to exceed 30 days 12/31/2018

Rules of Procedure for the Probate Courts

4-992 Guardianship and conservatorship information sheet; petition 07/01/2018

1B-101 Scope of rules; probate court jurisdiction; title; citation form 12/31/2018

4-993 Order identifying persons entitled to notice and access to court records 07/01/2018

1B-102 Probate definitions

12/31/2018

4-994 Order to secure or waive bond

07/01/2018

1B-201 Commencement of a probate proceeding

12/31/2018

4-995 Conservator’s notice of bonding

07/01/2018

4-995.1 Corporate surety statement

07/01/2018

4-996 Guardian’s report

07/01/2018

4-997 Conservator’s inventory

07/01/2018

4-998 Conservator’s report

07/01/2018

4-999 Notice of hearing and rights

10/15/2018

1B-202 Probate court pleadings; identification of party and lawyer 12/31/2018 1B-203 Notice of minors or persons under legal disability

12/31/2018

1B-204 Use of approved probate forms

12/31/2018

1B-205 Unsworn affirmations under penalty of perjury 12/31/2018 1B-301 Probate court forms; short title; limited purpose of forms; cautions regarding use of forms 12/31/2018 1B-302 General instructions for probate forms

12/31/2018

1B-303 General instructions for probates (no will) 12/31/2018 1B-304 Explanation of forms and how to complete; specific steps (no will) 12/31/2018 1B-305 General instructions for probates (will) 12

Bar Bulletin - January 9, 2019 - Volume 58, No. 1

12/31/2018

Probate Court Forms 4B-101 Opening and closing a probate court case (flow chart) 12/31/2018 4B-201 Affidavit of poverty and indigency

12/31/2018

4B-202 Order allowing free process

12/31/2018

4B-301 Application for informal appointment of personal representative (no will) 12/31/2018

Rule-Making Activity 4B-302 Application for informal probate of will and for informal appointment of personal representative (will) 12/31/2018

5-602.3 Incompetency due to mental retardation 02/01/2019

4B-303 Order of informal appointment of personal representative (no will) 12/31/2018

Rules of Criminal Procedure for the Magistrate Courts

5-606 Jurors

12/31/2018

4B-304 Order of informal probate of will and appointment of personal representative 12/31/2018

6-102 Conduct of court proceedings

12/31/2018

4B-305 Acceptance of appointment as personal representative (no will) (will) 12/31/2018

6-116 Courtroom closure

12/31/2018

6-203 Arrests without a warrant; probable cause determination 02/01/2019

4B-306 Letters of administration (no will)

12/31/2018

4B-307 Letters testamentary (will)

12/31/2018

4B-401 Notice of informal appointment of personal representative 12/31/2018 4B-402 Proof of notice

12/31/2018

4B-501 Notice to creditors by publication and notice to creditors by written notice (mailing or other delivery) 12/31/2018 4B-503 Withdrawn

12/31/2018

4B-504 Withdrawn

12/31/2018

4B-601 Inventory

12/31/2018

4B-602 Accounting

12/31/2018

4B-701 Verified closing statement of the personal representative 12/31/2018 4B-702 Verified small estate closing statement of the personal representative 12/31/2018 4B-801 Proof of authority

12/31/2018

4B-802 Certificate acknowledging receipt of documents related to proof of authority 12/31/2018 4B-901 Application for informal appointment of special administrator 12/31/2018 4B-902 Order appointing special administrator

12/31/2018

4B-903 Acceptance for appointment of special administrator 12/31/2018 4B-904 Letters of special administration

12/31/2018

4B-1001 Order transferring case from probate court to district court 12/31/2018 Rules of Criminal Procedure for the District Courts 5-103.2 Electronic service and filing of pleadings and other papers 01/14/2019 5-123 Public inspection and sealing of court records 02/01/2019 5-301 Arrest without warrant; probable cause determination; first appearance 02/01/2019 5-302A Grand jury proceedings

04/23/2018

5-403 Revocation or modification of release orders 02/01/2019 5-409 Pretrial detention

02/01/2019

5-602 Insanity; lack of capacity

02/01/2019

5-602.1 Competency

02/01/2019

5-602.2 Proceedings after a finding of incompetency 02/01/2019

6-302 Pleas allowed

02/01/2019

6-403 Revocation or modification of release orders

02/01/2019

6-501 Arraignment; first appearance

02/01/2019

6-507 Insanity; transfer to district court

02/01/2019

6-507.1 Competency; transfer to district court

02/01/2019

6-605 Jurors

12/31/2018

Rules of Criminal Procedure for the Metropolitan Courts 7-102 Conduct of court proceedings

12/31/2018

7-203 Probable cause determination

02/01/2019

7-302 Pleas allowed

02/01/2019

7-403 Revocation or modification of release orders

02/01/2019

7-501 Arraignment; first appearance

02/01/2019

7-507 Insanity; transfer to district court

02/01/2019

7-507.1 Competency

02/01/2019

7-605 Jurors

12/31/2018

Rules of Procedure for the Municipal Courts 8-202 Probable cause determination

02/01/2019

8-302 Pleas allowed

02/01/2019

8-403 Revocation or modification of release orders

02/01/2019

8-501 Arraignment; first appearance

02/01/2019

8-507 Insanity; transfer to district court

02/01/2019

8-507.1 Competency; transfer to district court

02/01/2019

Criminal Forms 9-404 Transfer order; insanity defense

02/01/2019

9-404A Order on motion for competency evaluation; transfer

02/01/2019

9-513D Juror questionnaire privacy and destruction certification 12/31/2018 9-514 Order on motion for a competency evaluation 02/01/2019 9-514A Defendant information sheet

02/01/2019

Children’s Court Rules and Forms 10-103 Service of process

12/31/2018

10-166 Public inspection and sealing of court records

12/31/2018

Bar Bulletin - January 9, 2019 - Volume 58, No. 1 13

Rule-Making Activity 10-261 Probation

12/31/2018

10-324 Conduct of hearings

12/31/2018

10-515 Notice of pendency of action by publication 12/31/2018 10-605 Tribal court order for involuntary placement for treatment or habilitation of a child not to exceed 60 days

12/31/2018

10-719 Probation order and agreement

12/31/2018

Rules of Appellate Procedure 12-201 Appeal as of right; when taken

12/31/2018

12-318 Briefs

12/31/2018

12-505 Certiorari from the Court of Appeals regarding district court review of administrative decisions 12/31/2018 12-601 Direct appeals from administrative decisions where the right to appeal is provided by statute 12/31/2018 Uniform Jury Instructions – Civil Chapter 8 Introduction

12/31/2018

13-807 Acceptance; definition

12/31/2018

13-808 Acceptance; terms of the offer

12/31/2018

13-809 Withdrawn

12/31/2018

13-812 Acceptance; performance as acceptance; notification of the offeror; partial performance 12/31/2018 13-817 Modification of contract; definition

12/31/2018

13-824 Breach of contract; repudiation of contractual obligation 12/31/2018 13-826 Custom in the trade

12/31/2018

13-827 Course of dealing

12/31/2018

13-828 Course of performance

12/31/2018

13-831 Reasonable time

12/31/2018

13-832 Good faith and fair dealing

12/31/2018

13-840 Impossibility or impracticability of performance 12/31/2018 13-843 Contracts; measure of damages; general instruction 12/31/2018

14-211 Second-degree murder; voluntary manslaughter not lesser included offense; essential elements 12/31/2018 14-301 Assault; attempted battery; essential elements 12/31/2018 14-606 Abandonment of a child resulting in great bodily harm or death 12/31/2018 14-607 Abandonment of a child without great bodily harm or death 12/31/2018 14-623 Child abuse resulting in death; intentional act; child under 12; essential elements 12/31/2018 14-626 Intentionally, defined for crimes against children

12/31/2018

14-902 Criminal sexual contact; use of physical force or physical violence; essential elements 12/31/2018 14-903 Criminal sexual contact; threats of force or coercion; essential elements 12/31/2018 14-904 Criminal sexual contact; victim unconscious, asleep, physically or mentally helpless; essential elements 12/31/2018 14-905 Criminal sexual contact; force or coercion; essential elements 12/31/2018 14-906 Criminal sexual contact; use of physical force or physical violence; personal injury; essential elements 12/31/2018 14-907 Criminal sexual contact; threats of force or coercion; personal injury; essential elements 12/31/2018 14-908 Criminal sexual contact; victim unconscious, asleep, physically or mentally helpless; personal injury; essential elements 12/31/2018 14-909 Criminal sexual contact; force or coercion; personal injury; essential elements 12/31/2018 14-910 Criminal sexual contact; use of physical force or physical violence; aided or abetted by another; essential elements 12/31/2018 14-911 Criminal sexual contact; threats of force or coercion; aided or abetted by another; essential elements 12/31/2018 14-912 Criminal sexual contact; victim unconscious, asleep, physically or mentally helpless; aided or abetted by another; essential elements 12/31/2018 14-913 Criminal sexual contact; force or coercion; aided or abetted by another; essential elements 12/31/2018

13-843A Special or consequential damages

12/31/2018

13-844 Withdrawn

12/31/2018

13-845 Withdrawn

12/31/2018

13-846 Withdrawn

12/31/2018

13-847 Withdrawn

12/31/2018

13-848 Withdrawn

12/31/2018

13-849 Withdrawn

12/31/2018

13-860 Mitigation of damages

12/31/2018

14-922 Criminal sexual contact of a minor in the fourth degree; threats of force or coercion; essential elements 12/31/2018

12/31/2018

14-923 Criminal sexual contact of a minor in the fourth degree; victim unconscious, asleep, physically or mentally helpless; essential elements 12/31/2018

Uniform Jury Instructions – Criminal 14-141 General criminal intent

14-210 Second-degree murder; voluntary manslaughter lesser included offense; essential elements 12/31/2018 14

Bar Bulletin - January 9, 2019 - Volume 58, No. 1

14-914 Criminal sexual contact; deadly weapon; essential elements 12/31/2018 14-915 Criminal sexual contact in the fourth degree; force or coercion; essential elements 12/31/2018 14-921 Criminal sexual contact of a minor in the fourth degree; use of physical force or physical violence; essential elements 12/31/2018

14-924 Criminal sexual contact of a minor in the fourth degree; force or coercion; essential elements 12/31/2018

Rule-Making Activity 14-925 Criminal sexual contact of a minor in the [third] [second] degree; child under thirteen (13); essential elements 12/31/2018 14-926 Criminal sexual contact of a minor in the [third] [second] degree; use of coercion by person in position of authority; essential elements 12/31/2018 14-927 Criminal sexual contact of a minor in the [third] [second] degree; use of physical force or physical violence; personal injury; essential elements 12/31/2018 14-928 Criminal sexual contact of a minor in the third degree; threats of force or coercion; personal injury; essential elements 12/31/2018 14-929 Criminal sexual contact of a minor in the third degree; victim unconscious, asleep, or physically or mentally helpless; personal injury; essential elements 12/31/2018 14-930 Criminal sexual contact of a minor in the [third] [second] degree; force or coercion; personal injury; essential elements 12/31/2018 14-931 Criminal sexual contact of a minor in the [third] [second] degree; use of physical force or physical violence; aided or abetted by another; essential elements 12/31/2018 14-932 Criminal sexual contact of a minor in the [third] [second] degree; threats of force or coercion; aided or abetted by another; essential elements 12/31/2018 14-933 Criminal sexual contact of a minor in the [third] [second] degree; victim unconscious, asleep, physically or mentally helpless; aided or abetted by another; essential elements 12/31/2018 14-934 Criminal sexual contact of a minor in the [third] [second] degree; force or coercion; aided or abetted by another; essential elements 12/31/2018 14-935 Criminal sexual contact of a minor in the [third] [second] degree; deadly weapon; essential elements 12/31/2018 14-936 Criminal sexual contact of a minor in the third degree; force or coercion; essential elements 12/31/2018

14-5035 Impeachment of defendant by inadmissible evidence 12/31/2018 14-5132 Escape from jail or penitentiary; duress defined 12/31/2018 14-5160 Entrapment; unfair inducement; not predisposed 12/31/2018 14-5161 Entrapment; law enforcement unconscionable methods and illegitimate purposes 12/31/2018 14-5180 Defense of property

12/31/2018

14-5181 Self defense; nondeadly force by defendant 12/31/2018 14-5182 Defense of another; nondeadly force by defendant 12/31/2018 14-5183 Self defense; deadly force by defendant

12/31/2018

14-5184 Defense of another; deadly force by defendant 12/31/2018 14-5185 Self defense against excessive force by a peace officer; nondeadly force by defendant 12/31/2018 14-5186 Self defense against excessive force by a peace officer; deadly force by defendant 12/31/2018 14-5190 Self defense; assailed person need not retreat 12/31/2018 14-6019B verdict 12/31/2018

Conspiracy; multiple objectives; special

Rules Governing Admission to the Bar 15-401 Board of Bar Examiners

12/31/2018

Rules of Professional Conduct 16-501 Responsibilities of partners, managers, and supervisory lawyers 12/31/2018 16-704 Communication of fields of practice and specialization 12/31/2018 Rules Governing Discipline

14-945 Criminal sexual penetration of a 13 to 18 year old in the second degree; use of coercion by person in position of authority; essential elements 12/31/2018

17-203 Assessment of attorneys; child support compliance 12/31/2018

14-1673 Defense of notice to payee that check is worthless 12/31/2018

17-206 Types of discipline

12/31/2018

17-210 Reciprocal discipline

12/31/2018

14-2810 Conspiracy; single or multiple objectives; essential elements 12/31/2018

17-214 Reinstatement

12/31/2018

17-313 Hearings

12/31/2018

14-2810A Conspiracy; multiple objectives; unanimity 12/31/2018

17-315 Disciplinary Board decision

12/31/2018

Rules Governing the Client Protection Fund

14-2810B Multiple conspiracies; distinct agreements 12/31/2018 14-3107 Drug paraphernalia; possession; essential elements 12/31/2018 14-5022 Impeachment of defendant; wrongs; acts or conviction of a crime 12/31/2018 14-5028 Evidence of other wrongs or offenses

12/31/2018

14-5034 Admission or confession used for impeachment 12/31/2018

17A-006 Commission meetings

12/31/2018

17A-010 Eligible claims

12/31/2018

Rules for Minimum Continuing Legal Education 18-102 Minimum continuing legal education board 12/31/2018 Rules of Legal Specialization (Withdrawn) Rule Set 19 Withdrawn

12/31/2018

Bar Bulletin - January 9, 2019 - Volume 58, No. 1 15

Rule-Making Activity Supreme Court General Rules

Local Rules for the Sixth Judicial District Court

23-107 Broadcasting, televising, photographing, and recording of court proceedings; guidelines 12/31/2018

LR6-401 Safe exchange and supervised visitation, and domestic relations mediation 09/01/2018

Local Rules for the First Judicial District Court LR1-404 Family court services and other services for childrelated disputes 09/01/2018 LR1-405 Safe exchange and supervised visitation program

09/01/2018

Local Rules for the Second Judicial District Court LR2-203 Electronic filing authorized

01/14/2019

LR2-309 Electronic filing authorized

01/14/2019

LR2-401 Court clinic mediation program and other services for child-related disputes 09/01/2018 LR2-403 Safe exchange and supervised visitation 09/01/2018 LR2-Form 709 Court clinic referral order

09/01/2018

Local Rules for the Third Judicial District Court LR3-401 Domestic relations mediation and safe exchange and supervised visitation programs 09/01/2018 Local Rules for the Fourth Judicial District Court LR4-401 Safe exchange and supervised visitation, and domestic relations mediation 09/01/2018 Local Rules for the Fifth Judicial District Court LR5-401 Safe exchange and supervised visitation; domestic relations mediation 09/01/2018

LR6-404 Withdrawn

09/01/2018

Local Rules for the Seventh Judicial District Court LR7-401 Domestic relations; mediation

09/01/2018

Local Rules for the Eighth Judicial District Court LR8-401 Safe exchange and supervised visitation; domestic relations mediation 09/01/2018 Local Rules for the Ninth Judicial District Court LR9-405 Domestic relations mediation

09/01/2018

Local Rules for the Eleventh Judicial District Court LR11-402 Domestic relations mediation; safe exchange and supervised visitation 09/01/2018 Local Rules for the Twelfth Judicial District Court LR12-201 Electronic filing authorized

01/14/2019

LR12-301 Electronic filing authorized

01/14/2019

LR12-401 Domestic relations mediation

09/01/2018

Local Rules for the Thirteenth Judicial District Court LR13-124 Fees non-refundable

09/01/2018

LR13-401 Domestic relations alternative dispute resolution (ADR); advisory consultation 09/01/2018 LR13-402 Domestic Relations Mediation Act; safe exchange and supervised visitation 09/01/2018

To view all pending proposed rule changes (comment period open or closed), visit the New Mexico Supreme Court’s website at http://nmsupremecourt.nmcourts.gov. To view recently approved rule changes, visit the New Mexico Compilation Commission’s website at http://www.nmcompcomm.us.

16

Bar Bulletin - January 9, 2019 - Volume 58, No. 1

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Bar Bulletin - January 9, 2019 - Volume 58, No. 1 17

Where a Love of Learning Begins Sunset Mesa School has been educating young children in academic excellence, strong character, and foundational learning for more than 70 years. We attend to each child’s development by providing strong role models and partnering with parents. The results are high caliber students who are well prepared for the next steps in their future.

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Bar Bulletin - January 9, 2019 - Volume 58, No. 1

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Bar Bulletin - January 9, 2019 - Volume 58, No. 1 19

THANK YOU FROM THE METROPOLITAN COURT The State Bar Legal Services & Programs Committee along with the Bernalillo County Metropolitan Court would like to recognize and thank the following volunteers for helping to make the 2018 Legal Clinics a success:

Susan Page, Juan Flores, Rusch Gathings, MJ Keefe, Thomas Allison, Daniel Apodaca Ernest Rudolfo, Cristina Chavez Reyes, Steve Long, Allison Black-Chavez, Morris J. Chavez, Kathryn E. Rubi, Andrew Ortiz, Clayton Crowley, Rosa Valencia, Annette DeBois, Diane Albert, Edward Roibal, Leslie D. Maxwell, Stefanie Beninato, Corbin Hilderbrandt, Ronald Segel, Eleanor K. Bratton, Wayne Mc Cook, Diana Llewellyn, Dennis Feld, Marianne Bowers, the Senior Lawyers Division and the Young Lawyers Division.

A special thanks to the UNM Law Clinic students and Professors Serge Martinez and John Whitlow and to the State Bar of New Mexico for its support & sponsorship.

The free legal clinics are held on the second Friday of each month from 10:00 a.m. - 1:00 p.m. at the Metropolitan Court (9th floor).

We are still in need of attorneys to assist with this endeavor. This is an opportunity to complete pro bono hours by providing free civil legal advice to attendees.

Areas of law may include: Landlord/Tenant, Consumer Rights, Trial Preparation, Employee wage claims, Bankruptcy/Debt, and Discovery/Trial prep.

If you are interested in volunteering, please contact Renee Valdez at (505) 841-9817 or at metrrmv@nmcourts.gov.

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Bar Bulletin - January 9, 2019 - Volume 58, No. 1

NEW MEXICO JUDGES AND LAWYERS ASSISTANCE PROGRAM

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For more information and on-line registration visit: http://lawschool.unm.edu/cle/live_programs/depositions.php or contact Cheryl Burbank at burbank@law.unm.edu or (505)277-0609

Bar Bulletin - January 9, 2019 - Volume 58, No. 1 21

Retirement Planning Retirement Planning Workshop Workshop (ForAttorneys) Attorneys (For

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Bar Bulletin - January 9, 2019 - Volume 58, No. 1

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Full-time & Part-time Attorney

The offices of Lightning Legal Group, PC are seeking one full-time and one part-time attorney to represent clients at our Albuquerque and Santa Fe Offices. Candidates must be licensed in New Mexico and have 4 or more years’ experience with Family Law and Civil Litigation. Additionally, ideal applicants will have the following skills: Strong client communication, organizational, problem solving, writing, research, computer and litigation experience; Ability to work in a vibrant growth orientated firm; Understand and integrate with the business protocols of a law firm; Ability to contemporaneously enter time in computer time-keeping system; Ability to work in a very laid-back atmosphere while maintaining the highest professional standards; Bilingual (Spanish & English) is valuable but not necessary. We are an equal opportunity employer and do not tolerate discrimination against anyone. All replies will be maintained as confidential. Please email references and resumes to xc87505@gmail.com.

Assistant City Attorney

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The City of Albuquerque Legal Department is hiring an Assistant City Attorney to provide legal services to the City’s Department of Municipal Development (“DMD”). The primary area of focus is construction law. The work includes, but is not limited to: contract drafting, analysis, and negotiations; regulatory law; procurement; general commercial transaction issues; intergovernmental agreements; dispute resolution; and civil litigation. Attention to detail and strong writing skills are essential.

Five (5)+ years’ experience is preferred and must be an active member of the State Bar of New Mexico, in good standing. Please submit resume and writing sample to attention of “Legal Department DMD Assistant City Attorney Application” c/o Angela M. Aragon, Executive Assistant/HR Coordinator; P.O. Box 2248, Albuquerque, NM 87103, or amaragon@cabq.gov.

The New Mexico State University seeks a highly efficient, organized and productive attorney to serve as Assistant General Counsel. The selected candidate will report to the General Counsel and work with other university attorneys, outside counsel and university administrators providing legal services relating to public entity law, policy development, academic and student affairs, athletics, contracts, litigation support, civil rights, international programs, real estate, water rights, employment matters and other legal issues in higher education, as well as the regulatory activities of the New Mexico Department of Agriculture. The attorney will assist in coordinating the University’s responses to subpoenas and public records requests. Proficient writing skills and good business judgment are essential. All applications must be submitted online. The full position posting is available online http://jobs.nmsu.edu/postings/33534; Requisition No. 1801332S. Call 575-646-2446 with questions.

The New Mexico State Bar Foundation seeks a helpline staff attorney for the Legal Resources for the Elderly Program (LREP). This position is for 30 hours/week and includes an excellent benefits package. Duties include providing legal information, legal advice and brief services related to civil matters to low-income New Mexican Seniors in accordance with the helpline policies and procedures. Additionally, the staff attorney will conduct legal workshops and clinics throughout NM (travel and overnight stays are required). The successful applicant must be able to work as part of a busy team in a fast-paced environment. Excellent customer service and computer skills are required. Bilingual in Spanish is a plus. Salary dependent on experience. Please email letter of interest and resume to hr@nmbar.org. In your letter of interest, please explain why you are interested in working as a helpline attorney. EOE. The Law Office of Jill V. Johnson Vigil LLC., a Las Cruces based family law practice, is seeking to add an attorney to our team. Preferably applicants should have 2-3 years experience in family law. All applicants should be highly motivated, able to multi-task and manage a full caseload. The Law Office of Jill V. Johnson Vigil LLC. offers a comfortable and friendly work environment with benefits and competitive salary commensurate with your qualifications and experience. Applicants must be in good standing with NM Bar and willing to relocate to Las Cruces. Spanish speaking is preferred, but not required. If you are ready for the next step in your career, please send your cover letter, resume, writing sample, and three references via email to careers@jvjvlaw.com before January 31, 2019.

Please visit us online at www.jvjvlaw.com.

Bar Bulletin - January 9, 2019 - Volume 58, No. 1 23

Second Judicial District Court Contract Attorney Residential Mortgage Foreclosure Settlement Facilitation Project

The Second Judicial District Court is accepting applications for Contract Attorneys for the Residential Mortgage Foreclosure Settlement Facilitation Project (“RMFSF”). RMFSF will operate under the direction of the Chief Judge and the Presiding Civil Judge. Attorney will conduct settlement facilitation conferences in residential foreclosures pending before the court between lenders and borrowers. Attorney is independent and impartial and shall be governed by the Rules of Professional Conduct, Mediation Procedures Act, NMSA 1978, § 44-7B-1 to 44-7B-6, and Mediation Ethics and Standards of Practice.

Attorney will be responsible for memorializing settlement agreements and meeting with the designated supervising judge to receive case assignments and discuss RMFSF progress. Attorney agrees to twenty hours of work per week, which is anticipated to be a minimum of eleven settlement conferences per month, subject to adjustment for complex case assignments, maintain records for payment and reporting and statistical purposes as defined by the Court.

Attorney will coordinate with assigned Court staff who provide administrative support to RMFSF. Qualifications: Must be a graduate of an ABA accredited law school; possess and maintain a license to practice law in the State of New Mexico; must have experience in settlement facilitation. Experience with residential mortgage foreclosure matters and loss mitigation is a plus. Compensation will be at a rate of $50.00 per hour, inclusive of gross receipts tax.

Send letter of interest, resume, proof of education and writing sample to the Second Judicial District Court, Court Administration, P.O. Box 488 (400 Lomas Blvd. NW), Albuquerque, NM, 87102. Letters of interest without required material will be rejected. Letters must be received by court administration no later than 5:00 P.M. Friday, January 11, 2019. More information about the contract can be found on the SJDC’s website: http:/www/2nddistrictcourtnm.com.

Associate Attorney

The Santa Fe office of Hinkle Shanor LLP is looking for an associate attorney to join its employment and civil rights defense practice. The associate attorney’s job duties will be focused on writing and contributing to the employment group’s federal and appellate practice. Experience is preferred, and candidates should have a strong academic background, excellent research and writing skills, and the ability to work independently. Applicants must live in or be willing to relocate to Santa Fe. Please send resume, law school transcript, and writing sample to Hinkle Shanor LLP’s office manager, Gilbert Romero, at gromero@hinklelawfirm.com.

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Attorney Supervisor

The Third Judicial District Court in Las Cruces is accepting applications for an AtWill, full-time Attorney Supervisor. Requirements include admission to the NM State Bar plus a minimum of five years experience in the practice of applicable law, of which two years must have been as a supervisor. Under administrative direction, as assigned by a judge or supervising attorney, review cases, analyze legal issues, perform legal research and writing, provide legal advice and make recommendations concerning the work of the Court. For a detailed job description, requirements and application/resume procedure please refer to https://www.nmcourts. gov/careers.aspx or contact Briggett Becerra, HR Administrator Senior at 575-528-8310.

Deadline for submission is: January 31, 2019

Assistant District Attorney/ Chief Deputy District Attorney

The Fifth Judicial District Attorney’s office has immediate positions open to a new or experienced attorney’s. Salary will be based upon the New Mexico District Attorney’s Salary Schedule with starting salary range of an Assistant Trial Attorney to a Senior Trial Attorney ($58,000 to $79,679) and Chief Deputy District Attorney ($77,826-$ 97,283). Please send resume to Dianna Luce, District Attorney, 301 N. Dalmont Street, Hobbs, NM 88240-8335 or e-mail to 5thDA@da.state.nm.us.

Keller & Keller Pre-Litigation Attorney

Keller & Keller is an award winning personal injury law firm located in Albuquerque. Seeking an attorney with 2+ years of experience to join our pre-litigation team. We are proud to offer an attractive compensation and benefits package, including a salary commensurate with experience, medical insurance, 401(k) retirement plan and paid time off. The Pre-Litigation Attorney will work directly with the Managing Attorney and 10-15 Pre-Litigation Case Managers on a daily basis. Responsibilities include: daily client contact; writing and editing demand letters; insurance coverage analysis for auto insurance policies; obtaining settlement authority; negotiating subrogation and lien reductions; handling minors’ settlement approval actions; and, handling wrongful death estate actions. We are looking for a person with critical thinking skills and the ability to apply those skills in a fast-paced environment. Excellent interpersonal communication skills with clients and coworkers is a must. Prior management experience is a plus, but is not required. Additionally, the candidate must be able to apply their knowledge and skills to make decisions and take action on cases. Interested candidates should forward cover letter and resume to Zachary Farmer at zfarmer@2keller.com. No phone calls, please.

All inquiries will be confidential.

Bar Bulletin - January 9, 2019 - Volume 58, No. 1

First Judicial District Court Contract Attorney Residential Mortgage Foreclosure Settlement Facilitation Project

The First Judicial District Court is accepting applications for a Contract Attorney for the Residential Mortgage Foreclosure Settlement Facilitation Project (RMFSFP). RMFSFP will operate under the direction of the Chief Judge and the supervising Civil Judge. Attorney will conduct settlement facilitation conferences in owner occupied residential foreclosures pending before the Court. The Court will provide a conference room and limited office space. Attorney is independent and impartial and shall be governed by the Rules of Professional Conduct, Mediation Procedures Act, NMSA 1978, §44-7B-1 to 44-7B-6, and Mediation Ethics and Standards of Practice.

Attorney will be responsible for memorializing settlement agreements and meeting with the designated supervising judge to receive case assignments and discuss RMFSFP progress. Attorney agrees to maintain records for payment and reporting and for statistical purposes as defined by the Court. Attorney will coordinate with assigned Court staff who provide limited administrative support to RMFSFP. Qualifications: Attorney must possess and maintain a license to practice law in the State of New Mexico; must have experience in settlement facilitation. Experience with residential mortgage foreclosure matters and loss mitigation is a plus. Compensation will be on an hourly basis charged against a Contract not to exceed $37,500.00.

Send letters of interest and resumes to the First Judicial District Court, Judge Francis J. Mathew, Post Office Box 2268, Santa Fe, NM 87504. Letters must be received no later than February 1, 2019.

Associate Attorney

Chapman and Priest, P.C. seeks an associate attorney to assist with increasing litigation case load. Candidates should have 1 to 5 years civil defense experience and good research and writing skills, excellent oral speaking ability, and be a self-starter. Send resume, references, writing sample and salary requirements to Tonnie@cplawnm.com.

Domestic Relations Hearing Officer Family Court

The Second Judicial District Court is accepting applications for a full-time At-Will Domestic Relations Hearing Officer in Family Court (position #00054600). This position is under the supervision of the Presiding Family Court Judge. Applicant will be assigned a domestic violence caseload. May also be assigned caseloads to include domestic relations and child support matters consistent with Rule 1-053.2. Qualifications: J.D. from an accredited law school, New Mexico licensed attorney in good standing, minimum of (5) years of experience in the practice of law with at least 20% of practice having been in family law or domestic relations matters, ability to establish effective working relationships with judges, the legal community, and staff; and to communicate complex rules clearly and concisely, respond with tact and courtesy both orally and in writing, extensive knowledge of New Mexico and federal case law, constitution and statutes; court rules, policies and procedures; manual and computer legal research and analysis, a work record of dependability and reliability, attention to detail, accuracy, confidentiality, and effective organizational skills and the ability to pass a background check. SALARY: $48.53 hourly, plus benefits. Send application or resume supplemental form with proof of education and writing sample to the Second Judicial District Court, Human Resource Office, P.O. Box 488 (400 Lomas Blvd. NW), Albuquerque, NM 87102. Applications without copies of information requested on the employment application will be rejected. Application and resume supplemental form may be obtained on the NM Judicial Branch web page at www. nmcourts.gov. CLOSES: February 1, 2019 at 5:00 p.m. EOE

Senior Trial Attorney

The 13th Judicial District Attorney’s Office is accepting resumes for an experienced Senior Trial Attorney. This position requires substantial knowledge in the areas of criminal prosecution, rules of criminal procedure and requires handling complex felony litigation.

Six years as a practicing attorney in criminal law with significant trial experience is required. Salary is commensurate with experience. Send resumes to Krissy Saavedra, Program Specialist, P.O. Box 1750, Bernalillo, NM 87004, or via E-Mail to: kfajardo@ da.state.nm.us. Deadline for submission of resumes: Open until filled.

Associate Attorney

For more than 25 years, the Titus & Murphy Law Firm has provided clients of San Juan County, New Mexico with premier legal representation. We are seasoned trial attorneys who practice in many areas of the law and have a solid reputation for results. Once again, we have expanded our services and have an incredible opportunity for an Associate Attorney. We are seeking a motivated attorney, with excellent research and writing skills to join our team. This position will provide the right person with all the necessary mentorship to achieve success, as well as unlimited advancement opportunities.

If you are looking for a challenge, send your resume and writing sample to hsmurphy@ titusmurphylawfirm.com.

Associate Attorney

Dixon•Scholl•Carrillo•P.A is seeking an associate attorney with 3 or more years of experience to join them in their thriving civil litigation practice. We seek a candidate with excellent writing and oral advocacy skills and a strong academic background who is ready to be part of a hard-working team in a fun and friendly office. For consideration, please email a resume to lcarrillo@dsc-law.com or via U.S. mail to Lisa J. Carrillo, P.O. Box 94147, Albuquerque, New Mexico 87199-4147.

Civil Legal Attorney (Contract)

POSITION: Civil Legal Attorney (Contract); PROGRAM: Peacekeepers, Espanola NM; STATUS: Contract/ Part Time; RATE OF PAY: DOE; EDUCATION: Juris Doctorate; EXPERIENCE: Ten years’ experience in family law. PREFERRED CERTIFICATES: none.

Practice civil and family law with an emphasis on domestic violence orders of protection within the Eight Northern Pueblos. Submit applications to: Desiree Hall/HR Specialist; Desiree@enipc.org; 505-753-6998 (Fax); Or call 505-747-1593 ext. 110 for information

Personal Injury Associate

Caruso Law Offices, an ABQ plaintiff personal injury/wrongful death law firm has an immediate opening for associate with 2+ yrs. litigation experience. Must have excellent communication, organizational, and client services skills. Good pay, benefits and profit sharing. Send confidential response to Mark Caruso, 4302 Carlisle NE, ABQ NM 87107.

Paralegal Advanced (NMDOT)

The NMDOT seeks to fill a Paralegal & Legal Assistant - Advanced position. The position provides assistance to the attorneys by conducting legal research, investigating facts, interviewing witnesses, reviewing document production for Inspection of Public Records requests and discovery requests, preparing legal documents and exhibits, and overseeing the maintenance of reference files. Direct experience providing support in construction, governmental entity defense or complex civil litigation matters is highly desirable.

Candidate is required become &/or maintain a current New Mexico Notary Public Commission. The minimum qualifications for this position require an Associate’s Degree in Paralegal Studies and two (2) years of work experience drafting and preparing legal correspondence, conducting legal research and maintaining a case management/tracking system. A combination of education from an accredited college or university in a related field and direct experience in this occupation totaling four (4) years may substitute for the required minimum qualifications. Position is a Pay Band 60, hourly salary range from $13.83 to $24.06, depending on qualifications and experience, with all state benefits to apply. Overnight travel throughout the state is required. A valid New Mexico driver’s license must be maintained at all times during employment. Working conditions: Primarily in an office setting requiring extensive personal computer and phone use, with occasional high pressure situations. Applicants must apply through the State Personnel Office: http/www.spo.state.nm.us. The New Mexico Department of Transportation is an equal opportunity employer.

Law Firm Manager

Law firm seeking a Firm Manager. Must be a dynamic individual with strong interpersonal and leadership skills who will build rapport with clients and team members.

This duties include: managing staff, day-today office functions, HR functions, office operations, vendor management, facilities management, & financial management responsibilities. Must have great organizational skills, ability to work independently, and be detailed oriented. Prefer 3-5 years of law office management experience. Please email resume, references, and salary requirements to ewideman@pbwslaw.com.

Legal Assistant - Litigation

Dynamic legal assistant needed for our busy Uptown law offices. Assistant must be organized, efficient, accurate and flexible. Should have 18-24 months’ experience, including in a litigation environment. Knowledge of Microsoft Office and ProLaw preferred. Fulltime position with benefits. Send resume to glw@ sutinfirm.com

Bar Bulletin - January 9, 2019 - Volume 58, No. 1 25

Divorce Paralegal – Incredible Opportunity w/ New Mexico Legal Group

New Mexico Legal Group, a cutting edge divorce and family law practice is looking for one more paralegal to join our team. Why is this an incredible opportunity? You will be involved in building the very culture and policies that you want to work under. We are offer great pay, health insurance, automatic 3% to your 401(k), vacation and generous PTO. And we deliver the highest quality representation to our clients.

But most importantly, we have FUN! Obviously (we hope it’s obvious), we are looking for candidates with significant substantive experience in divorce and family law. People who like drama free environments, who communicate well with clients, and who actually enjoy this type of work will move directly to the front of the line. Interested candidates should send a resume and cover letter explaining why you are perfect for this position to DCrum@NewMexicoLegalGroup.com.com The cover letter is the most important thing you will send, so be creative and let us know who you really are.

We look forward to hearing from you!

Office Space Shared Uptown Office Space for Rent

Newly renovated executive offices for rent in shared professional office in Uptown area. Support staff work stations available if needed. Furnished options exist. Includes use of 3 conference rooms, reception services to greet guests and accept documents, copier, fax machine, kitchen/break room, utilities, janitorial services, exterior signage, and alarm service. Convenient access to I-40.

Plenty of free parking. Starting from $850/ mo. Call Bryan at (505) 268-7000.

Uptown’s Best Office Space

1474 SF beautifully developed 4 office suite in the heart of Uptown. Ideal for 2 principal firm. Mountain views. Great access to I-40.

On site amenities include Bank of America and companion restaurants. Call John Whisenant or Ron Nelson (505) 883-9662 for more information.

Full-service Executive Office Suites

$550-$1200 month-to-month - West side vacancies. Virtual Office packages including professional business address, executive meeting/conference rooms & Day office rentals also available. Contact Christina at Office Alternatives 505-796-9600.

Miscellaneous Want To Purchase

Want to purchase minerals and other oil/ gas interests. Send details to: P.O. Box 13557, Denver, CO 80201

Seeking Established Practice To Purchase

Las Cruces general civil practice focusing on real estate, business and family law seeks an established practice to purchase, take over from an attorney retiring or focusing on other areas. Please email: lcnmlaw@gmail. com with inquiries.

2019 ADVERTISING SUBMISSION DEADLINES Starting in January, the Bar Bulletin will publish every other week on Wednesdays.

Submission deadlines are also on Wednesdays, two weeks prior to publishing by 4 p.m. Advertising will be accepted for publication in the Bar Bulletin in accordance with standards and ad rates set by publisher and subject to the availability of space. No guarantees can be given as to advertising publication dates or placement although every effort will be made to comply with publication request. The publisher reserves the right to review and edit ads, to request that an ad be revised prior to publication or to reject any ad. Cancellations must be received by 10 a.m. on Thursday, 13 days prior to publication.

For more advertising information, contact: Marcia C. Ulibarri at 505-797-6058 or email mulibarri@nmbar.org The 2019 publication schedule can be found at www.nmbar.org/BarBulletin.

26

Bar Bulletin - January 9, 2019 - Volume 58, No. 1

Thank You to our

2018 Civil Legal Clinic Sponsors and Volunteers For Your Generous Support of the Civil Legal Clinic!

The Second Judicial District Pro Bono Committee and the Volunteer Attorney Program would like to thank the law firms, attorneys, staff and organizations that volunteered to sponsor our 2018 Civil Legal Clinics.

The Clinic is held on the first Wednesday of every month at the Second Judicial District Courthouse in the 3rd floor conference room from 10 a.m. until 1 p.m. 325 individuals received assistance at our 2018 clinics thanks to the dedication of the following sponsors and volunteers: ATTORNEYS: William R. Babington, Jr. Allison M. Beaulieu Stefanie Beninato Liliana Benitez De Luna Susan Miller Bisong Marianne Bowers Eleanor K. Bratton Bill Burgett Stuart R. Butzier Denise Chanez Oscar Cobos Tyler Cuff Jonathan Dominguez Spencer Edelman Josh Eden Sherrill K. Filter Sandi Gilley (USBC) Alicia Gutierrez Susan Hapka Corbin Hildebrandt Torri Jacobus Kathryn Jochems Robert Johnston Jacqueline Kafka Lawrence Kay Barbara Koenig

Charles Kraft Aaron Kugler Amy Landau Stephen Long Neysa E. Lujan Shane T. Maier Juan Marquez, Jr. Nicholas Mattison Zachary McCormick Cory McDowell Lisa Ortega Richard M. Padilla Susan Page Theresa Parrish Kip Purcell Debbie Ramirez Kathryn Rubi Nicole Russell Paola Jaime Saenz Tiffany Sanchez Alicia Santos Ryan Sanders Rodney Schlagel Marc Shuter Charles Seibert III Michael Sievers Mariposa Padilla Sivage

Nathan Sprague Walter E. Stern III Bob St. John Albert N. Thiel, Jr. Erik Thunberg Karlos Ulibarri Arslan Umarov Rosa Valencia Richard Valle Laura Vega Aaron Viets Susan Warren Peter White Rebekah Wright Jason Yamato Abigail Yates VOLUNTEERS: Donna Bajek Luz Garcia Cat Gonzalez Virginia Jackson Alma Lerma Daniel W. Lewis Joel Lobo Charles Martinez Pamela Martinez

Marie Muniz Cathy Nolen Debbie Norman (USBC) John Roberts Stephanie Schneider Linda Tovrea Debra Weber SPONSORS: J. Reuben Clark Law Society New Mexico Defense Lawyers Association Miller Stratvert PA Rodey Law Firm Butt, Thornton, & Baehr O’Brien Law Firm Senior Lawyers Division Allen, Shepherd, Lewis, & Syra, PA Sutin, Thayer & Browne Modrall Sperling Law Firm New Mexico Trial Lawyers Association

If you or your firm is interested in volunteering to host a clinic, please contact Dina Afek at dinaa@nmlegalaid.org or 505-814-6719.

Bar Bulletin - January 9, 2019 - Volume 58, No. 1 27

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